Regulators

Prejudice caused to broadcaster by TV channel’s placement has to be established: TDSAT

http://www.indiantelevision.com/sites/drupal7.indiantelevision.co.in/files/styles/smartcrop_800x800/public/images/regulators-images/2016/02/16/Untitled-1.jpg?itok=SSKlK_Zv

NEW DELHI: The Telecom Disputes Settlement and Appellate Tribunal (TDSAT) has rejected the demand by Sun Distribution Services for placement of three Malayalam channels on numbers of their choice on Asianet Satellite Communications Ltd.

Sun wanted restoration of its three channels - Surya, Kiran TV and Surya Music - to their original placements at 107, 144 and 146 respectively. It was said that after the hiatus of a few days when these were off air due to technical glitches (according to Asianet) the three channels are now being shown at LCN 648, 664 and 668. 

TDSAT chairman Aftab Alam and members Kuldip Singh and B B Srivastava said no case is made out for any direction to the respondent to restore the LCN placements of the petitioner’s three channels by way of an interim order. 

While accepting the terms in the interconnect agreement that the subscriber operator would ensure that no subscribed channel would be disadvantaged or otherwise treated less favourably with respect to the competing channels on a genre basis, the Tribunal said no case had been made out in support of this.  

Whether or not the change in placement has caused any disadvantage or amounts to inferior treatment with respect to competing channels on a genre basis is a pure question of fact, which can be gone into only after evidences are led by the two sides, the Tribunal said while posting the matter before the Registrar’s court on 17 March for getting the pleadings completed, framing of issues and taking evidences.

Sun had initially filed the petition agitating the grievance that Asianet had discontinued the supply of its signals on its network without any notice and in violation of the Regulations. The petition was filed on 14 January but when it came up before the Tribunal the next day, it was stated that the broadcast of channels was resumed on the respondent’s network but their placements were changed causing much prejudice to the petitioner.  

Noticing this grievance of the broadcaster, the petition was adjourned to enable the counsel for Asianet to get proper instructions in the matter. 

Thereafter Sun filed an affidavit on 28 January and its reply was filed by Asianet the next day.

Sun Counsel Abhishek Malhotra strongly contended that the Asianet action in changing the placements of the channels was in violation of the Regulations and the terms of the agreements.

Asianet counsel Navin Chawla submitted that there was no violation of any Regulations or the terms of agreement in shifting the positions of the three channels and the respondent was fully entitled to place the channels as and where it suited its interests.

The two sides have been in interconnect relationship for the past several years. In the past, the agreements between the two sides were based on mutual negotiations and the petitioner’s three channels were consistently placed at LCN 107 (Surya), 144 (Kiran TV) and 146 (Surya Music). The parties executed a fresh agreement on 31 December, 2015 to take effect from 1 January, 2016 covering Kerala that came under the Digital Addressable System (DAS) regime in Phase-III. 

The present agreement, unlike the previous agreements, is based on the Sun’S RIO. It is well known that a distributor accepts the RIO based agreement only as a measure of last resort.

Malhotra submitted that the three channels belong to “GEC (Malayalam)”, “Movies (Malayalam)” and “Music (Malayalam)” genres respectively and Asianet was legally obliged to put them in the genres to which each of them belonged. He further submitted that at LCN 107, 144 and 146, the three channels were rightly placed in their respective genres but at LCN 648, 664 and 668, those channels are placed among channels, which do not belong to their respective genres. 

However, Chawla said the three channels, which were earlier in Malayalam Package-I were now in Malayalam Package-II among all the Malayalam language channels and the only grouse of Sun was that they had been assigned distant numbers.  

The Tribunal, which saw the earlier and present groupings found that in the present grouping, the number of GEC channels in its neighbourhood had become relatively fewer. Chawla sought to justify the change by stating that it was open to the Asianet to make language based groupings rather than content based groupings and all the three channels of Sun continued to be in the Malayalam group.

Malhotra drew attention to Regulation 5[14(A)], [14(B)] and [14(C)] of the Telecommunication (Broadcasting and Cable Services) Interconnection (Digital Addressable Cable Television Systems) (First Amendment) Regulations 2012.  The Regulations said, “The multi system operator will place the channels of a broadcaster in the genre declared by such broadcaster and no broadcaster shall demand from the multi-system operator to assign a particular number of its channels.”

Thus, the Tribunal noted that while prima facie Sun was right, the fact remained that there was nothing to show that Sun made the declaration regarding the genres of the three channels to the distributor at the time of execution of the agreement.

Latest Reads

http://www.indiantelevision.com/sites/drupal7.indiantelevision.co.in/files/styles/340x340/public/images/tv-images/2018/06/25/TRAI-Story.jpg?itok=3StLI4s1
Uplink, downlink issue: TRAI pushes for a liberal regime keeping most existing norms unchanged

The Telecom Regulatory Authority of India today stuck with most of the existing guidelines and norms for uplink and downlink permissions for TV channel and teleports, refusing to recommend auction of TV channels --- flagged as a contentious issue by stakeholders. However, it suggested enhancing of...

Regulators TRAI
http://www.indiantelevision.com/sites/drupal7.indiantelevision.co.in/files/styles/340x340/public/images/tv-images/2018/06/15/TRAI-Story.jpg?itok=DG6FpPrj
TRAI, European regulator BERC sign net neutrality MoU

Telecom Regulatory Authority of India (TRAI) and The Body of European Regulators for Electronic Communications (BEREC) on Thursday signed a "Memorandum of Understanding" (MoU) on net nuetrality. The MoU, signed by TRAI chairman Ram Sewak Sharma and BEREC chair Johannes Gungl, also adopted a "Joint...

Regulators TRAI
http://www.indiantelevision.com/sites/drupal7.indiantelevision.co.in/files/styles/340x340/public/images/tv-images/2018/06/14/isro.jpg?itok=OyTK1iHT
ISRO/DoS relent on use of foreign satellites; MIB starts processing applications

MUMBAI: India’s Department of Space, overseeing the Indian Space Research Organisation (ISRO), has eased up on its hitherto hard stance on Indian TV channels and teleports using foreign satellites’ capacity --- if the Indian customer has a long-term contract. In a communication to Ministry of...

Regulators I&B Ministry
http://www.indiantelevision.com/sites/drupal7.indiantelevision.co.in/files/styles/340x340/public/images/tv-images/2018/06/12/wifi.jpg?itok=cSQbky2u
RS Prasad launches Wi-Fi choupal project

NEW DELHI: The Indian government on Monday said that 5,000 villages would be turned into digital villages where Internet services would be offered the Wi-Fi Choupal project, which would go a long in empowering people as also expose them to a host of e-governance and entertainment services.  

Regulators I&B Ministry
http://www.indiantelevision.com/sites/drupal7.indiantelevision.co.in/files/styles/340x340/public/images/tv-images/2018/06/06/mib.jpg?itok=XurAtv3e
MIB & Prasar Bharati make up, sign agreement on funds’ release

After lot of heartburning and media statements, the Ministry of Information and Broadcasting Ministry and Prasar Bharati, which runs Doordarshan and All India Radio (AIR), have inked an agreement that was required for the release of financial allocation to the pubcaster, PTI reported today quoting...

Regulators I&B Ministry
http://www.indiantelevision.com/sites/drupal7.indiantelevision.co.in/files/styles/340x340/public/images/tv-images/2018/06/05/trai1-800x800%20%281%29.jpg?itok=seicu3br
TRAI stands up to DoT on use of foreign satellites for comms services on aircrafts

India’s telecoms and broadcast regulator Telecom Regulatory Authority of India today stood up again for the lawful right of satellite industry stakeholders. It reiterated that the nation’s policies and guidelines for on- board aircraft communications services like broadband should also allow use...

Regulators TRAI
http://www.indiantelevision.com/sites/drupal7.indiantelevision.co.in/files/styles/340x340/public/images/tv-images/2018/06/04/MIB-social_media.jpg?itok=z36DQe_L
MIB social media monitoring cell tender deadline extended

NEW DELHI: The Big Brother has arrived? Well the Indian government, being accused of proposing to unleash a surveillance of citizens, has gone in for another extension of the deadline seeking vendors for technical and logistics help to set up such a center.

Regulators I&B Ministry
http://www.indiantelevision.com/sites/drupal7.indiantelevision.co.in/files/styles/340x340/public/images/tv-images/2018/06/01/mib.jpg?itok=dHBuuNg4
MIB's new secy Amit Khare joins office

NEW DELHI: In what could be termed as challenging times, Amit Khare (third from left in the pix) yesterday assumed charge as secretary in the Ministry of Information & Broadcasting on superannuation of Narendra Kumar Sinha.

Regulators People
http://www.indiantelevision.com/sites/drupal7.indiantelevision.co.in/files/styles/340x340/public/images/tv-images/2018/05/31/star.jpg?itok=_5-mKsbr
Star files caveat in Supreme Court on TRAI tariff order

So the slugfest on the pricing of digital television in India is entering the next round. And it is Star India which has approached the Supreme Court and filed a caveat with it on the Telecom Regulatory Authority of India (TRAI)’s tariff regulations and more specifically on the 15 per cent issue...

Regulators Supreme Court

Latest News

Load More

Sign up for our Newsletter

subscribe for latest stories